Employment Law Letter

Local discrimination laws ramp up in North Carolina

In 2016, North Carolina was in the national spotlight. Bruce Springsteen was canceling concerts. The NBA All-Star game was moved from Charlotte, and the NCAA and the ACC wouldn’t play their tournaments in the state. It...

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EEOC issues revised guidance on workplace religious protections

For the first time in 13 years, the Equal Employment Opportunity Commission (EEOC) has revised its guidance on religious accommodation and discrimination claims. On January 15, after receiving comments from the public...

Former Rutgers employee gets second chance to pursue whistleblower claim

In the final throes of 2020, a former Rutgers University employee received a second chance to pursue her whistleblower claim. On December 29, the Superior Court of New Jersey, Appellate Division, reversed a superior...

Implementing a policy to limit cell phone use at work

Q Our company wants to implement a policy to limit personal cell phone usage only to break times. Can we ask workers to put their phones in their work lockers or on their supervisors’ desks? A Generally, as long as you...

Absence of noncompete agreement no license to take business from former employer

The past decade has seen a marked proliferation of noncompete and trade secrets litigation. In a recent Nebraska Court of Appeals case, an executive took business to a new employer. Even though he had no written...

Employee-signed arbitration agreement—what could possibly go wrong?

During the onboarding process, employers often have employees sign various agreements, including arbitration provisions. But what obligation does the employer have to likewise sign the agreements? In a recent federal...

Determining when a bonus is discretionary or nondiscretionary under the FLSA

Many companies annually prepare business goals and establish incentives for employees if the goals are met. One common incentive is the quarterly or annual bonus. While the reward process seems straightforward, it can...

Allowing unpaid leave when PTO is still available

Q Our company has a paid time off (PTO) policy entitling employees to paid vacation and sick leave. When they request time off, can they choose to use unpaid leave instead if they still have a PTO balance? A In...

DOL extends ability to use telemedicine visits for FMLA purposes

The COVID-19 pandemic continues to change the legal landscape, this time with the U.S. Department of Labor extending its earlier position that, under certain circumstances, a telemedicine consultation will constitute an...

6th Circuit clarifies FLSA test for educational programs

The U.S. 6th Circuit Court of Appeals (whose rulings apply to all Michigan employers) recently clarified how the Fair Labor Standards Act (FLSA) exemption for educational programs should be applied when some duties don’t...

MCAD regs designed to resolve pending cases face pandemic-related challenges

If you’ve had a case pending before the Massachusetts Commission Against Discrimination (MCAD) for quite some time, you may be wondering what the next steps will be. Here is an update on what to expect at the commission...

When to record COVID-19 workplace exposures on OSH Act log

Q One of our nursing home employees who was exposed to a COVID-19-positive resident just returned to work from a 14-day quarantine after testing negative. Do we have to record it in the Occupational Safety and Health Act...

5th Circuit says no to FLSA misclassification claim

The U.S. 5th Circuit Court of Appeals (which covers Louisiana, Mississippi, and Texas) recently analyzed the proper application of the administrative exemption under the Fair Labor Standards Act (FLSA). The court’s...

Q-A: Allowing unpaid leave when PTO is still available

New DOL regs provide clarity for compensating tipped employees

The U.S. Department of Labor (DOL) recently announced a final rule amending the Fair Labor Standards Act (FLSA) regulations covering tipped employees. Barring any changes, the rule takes effect in February 2021. Tip...

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Employment Law Letter

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